According to the Court of Cassation, saying 'I don't love you' is grounds for divorce

A young couple experiencing severe incompatibility applied to the Family Court to end their marriage. In the case where both parties requested a divorce, the court found the husband, who was determined to have committed violence against his spouse, to be at fault. The court accepted the woman's lawsuit and decided to divorce the couple, while rejecting the husband's lawsuit.

Upon the appeal of the decision, the file came before the 2nd Civil Chamber of the Court of Cassation.

WOMAN ALSO FOUND AT FAULT

Reviewing the file, the 2nd Civil Chamber of the Court of Cassation ruled unanimously that the woman was also at fault for the breakdown of the marital union.

The following assessment was included in the decision:

"In the events leading to the breakdown of the marital union, the defendant-counter-plaintiff husband was found to be fully at fault by the court, and the husband's divorce case was rejected, while the woman's case was accepted and a divorce was granted. Based on the trial and the evidence collected, it is understood that the plaintiff-counter-defendant woman humiliated her husband in front of others by saying, 'I am babysitting, we are looking after the child,' and stated, 'I do not love my husband, my love is gone.' Given this situation, the husband is also justified in filing for divorce. Therefore, while the husband's case should also have been accepted and a divorce granted, the rejection of his case was not correct and required reversal."

LOCAL COURT DECISION OVERTURNED

The Court of Cassation evaluated the woman's use of belittling expressions about her husband in front of others and her statement, 'I do not love my husband, my love is gone,' as a fault. For this reason, the Chamber concluded that the husband was also justified in filing for divorce and overturned the local court's decision.

It was noted that the decision could be considered a precedent in similar divorce cases, and it was met with differing opinions in the public sphere.

News Source: İHA